                                 CODE OF VIRGINIA

WAIVER (§ 64.2-314)

A. The right of a decedent&#8217;s surviving spouse to a homestead allowance in
the estate of a decedent as provided in &#xA7; 64.2-311 may be waived during the
decedent&#8217;s lifetime only by execution of a marital or premarital agreement
in accordance with Chapter 8 (&#xA7; 20-147 et seq.) of Title 20 or by execution
of a waiver provided (i) the waiver is in writing, (ii) the language of the
waiver mentions homestead allowance in conspicuous language, and (iii) the
waiver has been signed by the surviving spouse.

B. The right to the family allowance and exempt property, as provided in
&#xA7;&#xA7; 64.2-309 and 64.2-310, may be waived during the decedent&#8217;s
lifetime only by execution of a marital or premarital agreement made in
accordance with Chapter 8 (&#xA7; 20-147 et seq.) of Title 20.

HISTORY: 1990, c. 831, § 64.1-151.6; 2012, c. 614.